Mortgage FAQs

Homeownership FAQs

Do you have a mortgage loan question for Kentucky Housing Corporation (KHC)? Check out our FAQs below. If you can't find your answer, feel free to ask us!

KHC-Specific
Does KHC allow non-occupying coborrowers?
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KHC does not allow non-occupying co-borrowers or co-signors.

If a borrower's current primary residence has a KHC first and second mortgage, can they retain current property and still purchase a new primary if they qualify with both mortgages? The new loan will not be a KHC loan.
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A property secured by a KHC first mortgage must be the borrower's primary residence for the life of the loan. If the property will no longer be the borrower's primary residence, the KHC first and the KHC second mortgage, if applicable, will need to be paid off.
Can a borrower own other real estate?
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For a Secondary Market Program loan, borrower(s) may own other real estate property at closing, following insuring agency guidelines. The new property through KHC must be the borrower's primary residence. For MRB or MCC loans, borrower(s) may not own other property at the time of closing.

Does KHC allow interest credits?
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KHC does not allow interest credits.

What Visas will KHC accept for financing for permanent residents?
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KHC does not have an overlay for this. Follow agency guidelines per the loan type.

Are KHC loans assumable?
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Conventional loans through KHC are not assumable. All FHA, VA and RHS loans through KHC are assumable. Buyer must meet agency guidelines and KHC Secondary Market Program requirements. DAP second mortgage loans are not assumable; DAP loans would have to be paid off.

Does KHC allow IRS payment plans?
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KHC does not have an overlay regarding IRS payment plans. Follow agency guidelines per the loan type.

Is a manual underwrite allowed on a KHC loan?
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KHC allows a manual underwrite on government loans. Follow agency guidelines per the loan type. FHA loans should also follow the KHC-FHA Manual Underwrite Matrix

Does KHC require collections to be paid off if they are over a certain amount?
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KHC does not have an overlay for this. Follow agency guidelines per the loan type.

Does KHC allow a no credit score manual underwrite or allow a co-borrower with no score if the file receives an approve/eligible AUS finding?
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KHC requires each borrower to meet the minimum credit score requirements. For a government loan the minimum requirement is 620 and for a conventional loan the minimum requirement is 660.

If a borrower has multiple charge-offs on their credit report will this make them ineligible for a KHC loan?
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KHC does not have an overlay for charge-offs. Follow agency guidelines per the loan type.

What is KHC's requirement for sourcing deposits?
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KHC requires deposits over $500 to be sourced to determine if there is additional income that needs to be included in the compliance income calculation.

Does KHC require 30 days or 60 days bank printout/statement?
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Follow agency guidelines per the loan type. At minimum, KHC requires a one-month bank statement/printout for each account on the Uniform Residential Loan Application (URLA) be reviewed for KHC compliance purposes.

Does KHC limit the amount of assets a borrower may have?
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KHC does not have an overlay for maximum amount of assets a borrower may have. Follow agency guidelines per the loan type.

When using MRB or MCC funds, imputed income from liquid asset reserves must be included in the KHC Income Calculator in PowerLender.

Liquid assets include, but are not limited to, checking and savings accounts. Non-liquid account types, such as a retirement income account, are not required to be included in the calculation. The liquid asset reserve amount is entered into the calculator and 1% of the reserve amount is included in compliance income.

Does KHC accept bank statements in a language other than English? Will KHC translate them?
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Bank statements in another language are acceptable but will need to be translated before providing them to KHC. Translations must meet agency guidelines, per the loan type.

Can a borrower receive cash back at closing?
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Cash back at closing on a purchase transaction cannot exceed the amount the applicant(s) has put into the transaction, such as:

  • Earnest Money Deposit (EMD)
  • Any fees Paid Outside of Closing (POCs)
  • Home Inspection
  • Termite Inspection

Any amount over what the applicant has paid should be applied as a principal reduction, first to the DAP loan (if applicable), otherwise, to the first mortgage.

If a contract sales price exceeds the KHC maximum sales price, can the borrower use their own funds to pay the difference?
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A contract sales price higher than KHC's Secondary Market/MRB purchase price limit is not eligible for KHC financing.

Does KHC require a Seller's Disclosure in the file?
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KHC requires the Seller's Disclosure of Property Condition (KREC Form 402) on all purchase transactions, regardless of real estate agent involvement. This is due to the Kentucky Revised Statutes § 324.360. The form is not required for: residential purchases of new construction homes if a warranty is provided; sales of real estate at auction; or a court-supervised foreclosure.

Is a manufactured home an eligible property type for a KHC loan?
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Yes. Follow agency guidelines per the loan type. KHC requires an Affidavit of Conversion to Real Estate and a copy of the title, which can be completed on or before closing.

Is a berm home an eligible property type for a KHC loan?
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Yes. A berm home is an eligible property type. Follow agency guidelines per the loan type.

Does KHC allow property inspection waivers on conventional loans?
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No. KHC requires a full appraisal on each loan regardless of loan type.

Does KHC allow escrows for incomplete items?
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Yes. General requirements for escrows are:

  • Repairs that affect livability or safety must be completed and inspected prior to loan closing.
  • Delegated and Correspondent lender's DE Underwriter makes the determination if escrows should be allowed.
  • TPO lenders must email khcuw@kyhousing.org for approval of escrowing of repairs or incomplete items.
  • KHC will hold funds for TPO lenders, but Delegated and Correspondent lenders are responsible for holding escrow funds.
  • Weather related escrows – expiration dates are as follows:
    • November – April: Due by May 31
    • May – October: Due 30 days after closing.
  • If HUD REO, the repair escrow should be listed in the purchase contract.
    • Otherwise, KHC will need a contract addendum identifying who is responsible for the cost of repairs.
Does KHC require a termite inspection?
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KHC follows insuring agency guidelines regarding termite inspections. If a termite/pest inspection is not performed, borrowers must sign the KHC Termite Waiver Certification Form. The waiver prints from the C-closing Stage forms in PowerLender.

  • If a termite report is done, either as borrower choice or if required for the loan type, such as a VA loan, KHC requires a copy of the report.
  • If a termite report shows damage to main support beams of foundation, a structural damage review must be provided by a structural engineer.
  • Water in crawlspace or basement must be addressed.
  • All infestation must be treated:
    • KHC does not accept partial treatment.
    • Proof of treatment must be provided.
Does KHC allow for eSign eligible documents (non-critical) to be signed days prior to the note and mortgage?
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The Note and Mortgage are to be signed with “wet" signatures. The CD, Deed, Note and Mortgage should be executed on the same day. If this is considered a “mail away" for one of the borrowers, it is understood those documents would be signed on a different day. However, KHC needs to know the reservation number and the reasons for the hybrid closing prior to approving the request.

I have a client considering a KHC first mortgage with a DPA loan. The spouse does not want to go on title. Is KHC okay with the spouse waiving spousal rights off title at closing?
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A non-purchasing spouse is permitted with KHC financing. They must sign the mortgage if the borrower is refinancing through KHC.  A non-purchasing spouse is not required to sign the mortgage on a true purchase transaction.

Will KHC allow someone not on the loan and not on title to be on homeowners insurance policy?
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No. KHC does not allow.

What is the maximum deductible allowed on homeowners insurance on a KHC loan?
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Maximum deductible is equal to 5% of policy face amount, not to exceed $5,000.

What is the amount of coverage required for homeowners' insurance on a KHC loan?
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Amount of coverage must be equal to the loan amount.

Does KHC have an overlay for student loan payments?
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KHC does not have an overlay regarding student loan payments. Follow agency guidelines per the loan type.

What is KHC's policy for borrowers wanting to refinance? Can the DPA be subordinated?
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KHC allows the following refinances:

  • FHA
    • Streamline Non-Credit Qualifying
    • Credit-Qualifying, Simple
    • Rate/Term
  • RHS Streamlined-Assist
  • VA Interest Rate Reduction Loan (IRRL)

KHC will only subordinate a DPA loan when the first mortgage is coming back through KHC. If refinancing with another investor, the DPA must be paid in full. There are no pre-payment penalties.

Can the Federal Home Loan Bank (FHLB) Welcome Home Funds be used with KHC financing?
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Yes. Lenders must be eligible FHLB Members to reserve the grant funds with FHLB. KHC does not reserve the WHP grant funds for lenders.

Can down payment assistance from a city government be used with the MRB Program?
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KHC does not have an overlay for this. Please follow agency guidelines. If KHC DPA is also being used, KHC DPA must remain in a 2nd lien position. The city must be willing to take a 3rd lien position.

Is a duplex or 3-4 unit property eligible for KHC financing if one of the units is owner occupied?
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KHC will accept an owner-occupied duplex. However, KHC will not accept a 3–4-unit property at this time.

Can KHC financing, including KHC DPA, be used if a borrower is purchasing a KHC Real Estate Owned (REO) property?
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Yes. KHC DPA can be used along with KHC first mortgage financing when purchasing a KHC REO property.

How should a POA be reflected on closing documents?
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KHC does not have an overlay for how the POA is reflected. Please follow agency guidelines per the loan type.

Does KHC require the first and second mortgages to be on the title?
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The title commitment and the title policy reflect the first mortgage amount.

Is a copy of the hazard insurance Notice of Transfer letter acceptable proof of transfer?
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No. An updated mortgagee clause will be a pre-purchase condition. KHC requires an updated certificate of insurance reflecting KHC's mortgage clause: Kentucky Housing Corporation, ISAOA, P.O. Box 4150, Frankfort, KY 40604-4150.

Is a manual underwrite allowed on a KHC loan?
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KHC allows a manual underwrite on government loans. Follow agency guidelines per the loan type. FHA loans should also follow the KHC-FHA Manual Underwrite Matrix

How do I sign up for emails from KHC regarding updates, rates, program changes, etc.?
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Sign up for KHC eGrams by going to KHC's homepage, click the envelope on the bottom left corner, fill in the requested information, check the box for Lender eGrams, then click Subscribe.

Income
For compliance income, do we have to use commission income if we don’t need it for qualifying and it hasn’t been received for two years?
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While the commission income is not being used in qualifying income, it needs to be included in compliance income. KHC Compliance Income will look at all possible income projected out over the next 12 months.

A borrower currently has a second job but plans to quit the job in the next couple of months. Does the income need to be included?
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Yes. Unless the borrower has already left the job and a VOE is provided showing the employment end date, the income must be included in the compliance income calculation.

Where can I find the KHC compliance income calculator?
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The KHC Income calculator can be accessed from a reserved loan in PowerLender.

What is the best way to determine if a borrower with overtime and commission income will be within KHC income limits?
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Use the KHC Income Calculator found in PowerLender to calculate compliance income.

Is foster care income included in KHC Compliance Income?
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No. Foster care income is not included in compliance income.

If a borrower has applied for a KHC Secondary Market Program loan and will retain their current non-KHC financed residence and rent it, what portion of the rent should be included?
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For a KHC Secondary Market Program loan, use the amount of monthly rent received for the retained property minus the PITI from the retained property in the compliance income calculation. For MRB or MCC loans, rent income does not apply since borrowers may not own other property.

If a borrower has a new part-time job and will be getting a raise next month, does the new income and the raise need to be included?
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Yes. All income the borrower is anticipated to receive in the next 12 months should be included in the compliance income calculation.

Does KHC require a year-to-date profit and loss statement for a self-employed borrower?
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Yes, KHC requires a YTD P&L that goes through the end of the prior quarter. It does not need to be audited. If a borrower is not sure how to prepare a P&L, they can use a schedule C as a guide.

In addition to employment income, what other types of income should be included in the compliance income calculation?
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Compliance income includes, but is not limited to: Travel nurse per diem, VA Disability, Social Security, Social Security Disability, Child Support, Spousal Support, any cash income consistently deposited in accounts, Vehicle Allowance on pay stubs, and any income the applicant (or on MRB/MCC loans, any non-borrowing occupant taking title) will receive in the upcoming 12 months.

Borrower has less than a two-year employment history with a one-month gap. Is this allowed?
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KHC does not have an overlay for job time. Follow agency guidelines per the loan type.

Borrower has received a car allowance for less than two years. This is needed for qualifying income. Can we use it?
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KHC does not have an overlay regarding car allowance. Follow agency guidelines per the loan type.

Do you allow borrower to close before starting work if an offer letter is provided?
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Lenders must follow agency guidelines. If sufficient information is provided in the offer letter or contract to complete the KHC income calculator, a paystub will not be needed.

Is applicant income or household income used to determine if a loan is within KHC program income limits?
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For Secondary Market Program loans, KHC requires applicant income. For MRB and MCC program loans, household income is used (includes borrowers and any non-borrowing occupants taking title).

Will KHC accept a handwritten 1099 NEC?
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KHC does not have an overlay for a handwritten 1099 NEC. Follow agency guidelines, per the loan type.

Reservations
Is it possible to have a rate longer than 45 days?
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KHC reservations are for 45 days. Extensions are allowed (e.g., 7 days for .125% fee, 15 days for .25% fee). Any combination up to 37 days may be utilized. If the reservation reaches the 37-day extension period, the borrower will have to go worse case pricing. Extension fees can be passed on to the borrower.

How do I make a change to a loan reservation?
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Email khcuw@kyhousing.org with the changes.

Does KHC allow the 2/1 buydown option?
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KHC does not offer a 2/1 buydown option.

Does KHC offer any type of rate buydown?
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All rate-related questions should be directed to khcuw@kyhousing.org. Permanent rate buydown options are at KHC’s discretion.

Program-Specific

Down Payment Assistance (DPA)

Is KHC down payment assistance repayable?
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Yes, KHC's DPA has been temporarily increased to $12,500 and is repayable at 4.75% fixed interest rate amortized over a 15-year term.

Can a borrower combine their own funds with KHC DPA?
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Yes. KHC allows borrowers to utilize other sources of down payment, provided the other sources meet agency guidelines and KHC remains in a 2nd lien position.

Are KHC DPA income limits the same as the first mortgage limits?
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Yes. DPA income limits follow the program type income limits (Secondary Market or MRB/MCC).

Does KHC allow DPA funds to be used for something other than down payment and closing costs, such as paying off debt for qualifying, paying UFMIP, etc.?
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KHC DPA funds are for down payment and closing costs only.

Can remaining funds from the DPA be used to reimburse for the cost of a structural inspection and sewer inspection that was paid outside of closing?
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Yes. A copy of the inspections must be in the file and the costs reflected on the CD as paid outside of closing, per applicable agency guidelines and TRID.

Can a borrower pay off their down payment assistance early without a penalty?
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Yes. A DPA loan may be paid off at any time without penalty.

Does KHC require the DPA loan number to be shown on the Closing Protection Letter from title?
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The DPA loan number is not required to be listed on the Closing Protection Letter.

Mortgage Revenue Bond (MRB) Loans

What is the KHC Mortgage Revenue Bond (MRB) Program?
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The KHC MRB Program is funded through the issuance and sale of municipal bonds. This allows KHC to offer below-market rates to lower-incomed households. There are specific qualifications that can be found in AllRegs.

Please advise if three years of tax returns are required for the MRB program.
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KHC does not require three years tax returns. Review credit reports, fraud reports, and public records for due diligence in determining if a borrower meets the first-time homebuyer requirement, if applicable.

Can the MRB Program be used with KHC DPA funds?
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Yes. A borrower can use KHC's DPA with the MRB Program.

Whose income is included in MRB Household income?
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Compliance/Maximum Household Income is based on the income of all borrowers and all non-borrowing occupants taking title to the property. The Non-Borrowing Occupant Certification (Form 98) must be completed by any non-borrowing occupant taking title.

Is income from assets remaining after closing included in MRB compliance income
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Yes. Imputed income from liquid asset reserves must be included in the KHC Income Calculator in PowerLender. Liquid assets (checking, savings) are included, but non-liquid accounts (retirement) are not.

If a spouse is not taking title on an MRB transaction, do we still need to have the spouse fill out the KHC Non-Borrowing Occupant Form?
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Only non-borrowing occupants taking title need to complete the form. 

We have a four-person household (two adults and two children) but only one person is going to be on title. Can we still use the three-to-four person MRB income limit for compliance?
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Yes, use the 3-4 person MRB compliance income limit for compliance since the total number in the household is 4.

If the household number is five does the income limit increase?
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The MRB household income limits are based on household sizes of 1-2 persons or 3 or more persons. The income limit does not increase if there are more than three persons.

What if only one spouse is employed now but gets a job in the future. This would obviously put them above the 5% increase. Do they have to make more than the current income threshold to trigger the recapture?
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Federal Recapture Tax may apply if a homeowner: 1) Sells their home within the first nine years; AND 2) Has a net gain on the sale; AND 3) Household income exceeds allowable income limits as adjusted for each year. It is advised that borrower(s) speak with a tax professional.

Can the sale of a borrower's current home close prior to the KHC MRB financed closing or does it have to be sold at least one day in advance
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The sale of a current home can happen same day, but it must close before the subject property closing.

A borrower owns a manufactured home that has not been converted to real estate. Can they retain it and still be eligible for MRB financing?
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No. The manufactured home must be sold prior to closing.

If the subject property is in a non-targeted area, is the first-time homebuyer requirement applicable to all occupants over 18?
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For MRB loans in a non-targeted area, the FTHB requirement is applicable to all borrowers and any non-borrowing occupants taking title.

If we locked a rate with the MRB program, but the borrower did not qualify for MRB, would we be able to switch the lock over to Secondary Market and keep the rate?
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If a loan is originally locked as an MRB loan and then later changed to Secondary Market, the interest rate will be updated to the Secondary Market interest rate as of the date transferred to the Secondary Market.

If the borrower has a time share does that disqualify them from the MRB/MCC funds as a first-time homebuyer?
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Ownership in a timeshare would not disqualify a borrower from being considered a first-time homebuyer.

How can we find out how much MRB funds are left?
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Funds remaining for MRB and MCC programs are shown on the PowerLender Dashboard.

Does a borrower have to be a first-time homebuyer to be eligible for the MRB or the MCC programs?
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A borrower purchasing in a targeted area may be a first-time or a repeat homebuyer. A borrower purchasing in a non-targeted area must be a first-time homebuyer.

What documents are required for the MRB Program?
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The required documents are the Mortgagor Certification, Seller Certification, and Tax-Exempt Financing Rider. 

If applicable, these additional documents will be required: 

  • Non-Borrowing Occupant Certification if there is a non-borrowing occupant taking title; 
  • Child Support Certification if the applicant(s) should be receiving child support but is not; 
  • Acreage Waiver if the property includes more than 1 acre of land but is not subdividable; and 
  • Factory-Made Home Waiver if the borrower is in a non-Targeted area, is currently living in a factory-made home, but does not own the land the house is on.

Federal Housing Authority (FHA) Loans

Does KHC have a CLTV overlay for the FHA-based program with the DAP on a purchase?
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KHC does not have a CLTV overlay for the FHA-based program with the DAP.

Will KHC allow an FHA HUD REO 203b with Repair Escrow?
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KHC will allow if it meets agency guidelines.

Will KHC allow an FHA Build on Own Land Transaction?
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KHC would only do the permanent financing.

FHA Build on Own Land Transaction. For the end financing is it allowable to have the loan structured as a purchase and the CD appearing as a refinance? If DAP is used, where should it be shown?
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It is allowable for the FHA loan to be structured as a purchase and the CD appear as a refinance transaction. The DAP should show on page two of the CD.

Does KHC allow the FHA $100 down payment program?
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KHC does allow the FHA $100 down payment program. Please follow agency guidelines.

Rural Housing Service (RHS) Loans

Does a borrower need to have a bank account for an RHS manual underwrite
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Yes, a borrower must have a bank account on an RHS manual underwrite. They must provide two months most recent consecutive bank statements. Minimum reserve is one month mortgage payment. Lenders must use the lesser of the current balance or previous month's ending balance.

What debt ratios are acceptable for a manual underwrite on a USDA loan?
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Follow USDA guidelines for maximum ratios on a manual underwrite.

Can a gift of equity be used as the down payment?
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KHC does not have overlays for this. Follow agency guidelines per the loan type.

Does KHC require homebuyer education?
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KHC does not have an overlay requiring home buyer education for our programs. Follow agency guidelines for each loan type.

How do I sign up for eGrams?
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Sign up for eGrams by scroll to the bottom of our website and click the eGram link, which will take you to the eGram signup page.

Where can I find KHC program guidelines?
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KHC program guidelines can be found in the KHC Single Family Lending Library in AllRegs.

How can I confirm if documents were uploaded to PowerLender?
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Open the loan in PowerLender and click the paperclip in the top right corner. This will open a screen that shows what has been printed, uploaded, or created along with dates and who did the action.

Shared Appreciation Mortgag

Program Basics and Eligibility

What is the Shared Appreciation Mortgage (SAM)?
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The SAM is a zero interest, deferred payment second mortgage designed to help first time homebuyers close the affordability gap. It can provide up to 25% of the purchase price, reducing the amount a buyer needs to borrow on their first mortgage and helping make homeownership more attainable.

Who is eligible for the SAM program?
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Eligible borrowers must be first time homebuyers purchasing an approved property type in Kentucky and meeting lender and program requirements.
Can SAM funds be used for investment or rental properties?
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No. The property must be owner occupied and located in Kentucky.
Is the Shared Appreciation Mortgage available only for newly constructed homes, including manufactured homes?
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At the time and with KHC’s initial allocation of $10 Million, this program is restricted to newly constructed homes, including newly built manufactured homes that meet program eligibility requirements.
Are 2–4 unit newly constructed properties eligible for the SAM?
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Newly constructed owner occupied 2unit properties are eligible for the Shared Appreciation Mortgage. Eligible, newly constructed property types include: 

  • Single-family dwellings 

  • Single-family dwellings with one accessory dwelling unit 

  • Manufactured homes on a permanent foundation that are converted to real property 

  • Owner-occupied duplexes 

  • Condominiums.  

Will a SAM option ever be offered for existing homes?
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Currently, the Shared Appreciation Mortgage is available only for newly constructed homes. Expanding the program to include existing homes is under consideration for a potential Phase 2, but no final decision or implementation timeline has been established. 

Is there a sales price limit for SAM eligibility, and how does it apply?
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Yes. KHC’s purchase price limit of $566,354 applies uniformly to all SAMeligible properties, including singlefamily homes, manufactured homes, and twounit properties. All Shared Appreciation Mortgage transactions must fall within this standard sales price limit to qualify.

Loan Structure and Setup

Is the SAM second mortgage always established at 25% of the first mortgage loan amount?
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SAM assistance may be provided up to 25% of the purchase price; however, it does not have to be the full 25%. The final percentage is determined according to program guidelines and the specifics of the transaction.

Can lenders use SAM in conjunction with KHC Down Payment Assistance (DPA)?
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A SAM second mortgage cannot be used in conjunction with a KHC down payment assistance mortgage.

Does the SAM function as a deferred, balloonstyle payment, and how should it be reflected in lender LOS systems?
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Yes. The SAM functions as a deferred, balloonstyle lien. The full SAM amount, along with any shared appreciation owed, becomes due only when a repayment trigger occurs. In lender LOS systems, the SAM should be reflected as a deferred subordinate lien with a balloon payment due at the time of payoff, sale, or refinance in accordance with program requirements.

Do lenders incur any additional financial liability beyond what exists with standard KHC DPA loans?
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Lenders should reference the terms of their participation agreements with KHC’s program. Any specific questions can be addressed to the housingpartners@kyhousing.org mailbox.

Are lenders required to send separate disclosures for the SAM, or can the $500 SAM fee be included within the LE/CD for the first mortgage?
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Lenders must continue to provide an LE/CD for all KHC second mortgages, including the SAM. The $500 Sam fee plus second mortgage recording fee will show on the LE/CD for the SAM.

Is the $500 SAM fee required to be labeled specifically as “SAM Fee,” or may lenders use alternative wording?
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The $500 SAM fee should reflect as the “SAM Fee” on the SAM LE/CD.

Documentation and Closing Process

Will the SAM documents generate automatically at the application stage (Stage A)?
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The Loan Estimate and Addendum will print in the “A” stage. The Closing Disclosure with SAM Addendum, SAM Homebuyer Acknowledgement, SAM Note and Mortgage will print in the “C” stage.

Are lenders permitted to have a third-party vendor prepare second-lien documents, and will the second lien close in KHC’s name?
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Yes, lenders may use a third-party vendor to prepare second lien documents, and all SAM second lien documents must close in KHC’s name using the SAM Note and Mortgage language drafted by KHC and its attorneys.

KHC strongly recommends that lenders use the SAM Note and Mortgage generated directly from KHC’s system to ensure the language is current and compliant.

  • If lenders choose to use the SAM Note and Mortgage in their own LOS system, they do so at their own risk.
  • Any alteration to the language, or failure to update the language when KHC makes changes, may result in KHC declining to purchase the SAM loan.
  • To ensure accuracy and compliance with program requirements, KHC highly recommends using its system to generate all required disclosures. 

Summary: 
Lenders can use their own systems or third-party vendors but must use the exact SAM Note and Mortgage language provided by KHC. If the language is changed or not updated, the lender may be responsible for the loan, and KHC may not purchase it. 

Underwriting and Product Compatibility

How is market value determined at the time the borrower repays or satisfies the SAM lien?
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In an arm’s length sale, the sales price determines the value. In all other situations, a KHC-designated valuation or appraisal is used, and the borrower pays the valuation cost.

Is shared appreciation calculated using gross equity or net equity after fees, commissions, and other closing costs?
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Shared appreciation is calculated using the market value of the property at the time of repayment, without deducting fees, commissions, or closing costs. In other words, the calculation is based on the gross appreciation of the home, not the net equity after transaction related expenses.  KHC will, however, allow the borrower to recover the following before KHC will share in the appreciation.  Read below for clarifying language.   

 

The borrower will be able to recover all the following before Kentucky Housing Corporation will share in the appreciation: 

  1. Any portion of the Down Payment paid from the Borrower funds 

  2. Customary costs incurred by the Borrower in selling the property 

  3. Payments of principal made under the First Lien Mortgage 

  4.  

Customary Costs incurred in selling the property.

 

KHC defines “customary costs incurred in selling the property” as real estate commissions, deed preparation and recording fees, and transfer taxes. Optional seller-paid closing costs for the buyer are not considered in this calculation. These customary costs are not deducted from the calculation of appreciation owed to KHC; rather, they serve as a cap in situations where the home is sold soon after purchase and has not appreciated enough to cover both these customary fees and a portion of the appreciation owed to KHC. In such cases, the borrower’s obligation to repay appreciation is limited so that the customary selling costs can be recovered first. 

What happens if property value declines and the shared appreciation is less than the original SAM amount?
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If the property value declines, the borrower is not responsible for repaying more than the original Shared Appreciation Mortgage (SAM) loan amount. Because shared appreciation is based on the increase in market value, a decrease in value results in no appreciation owed. In this situation, the borrower simply repays the original SAM principal balance at the time the repayment trigger occurs.

How does repayment work if the borrower sells, refinances, or pays off the first mortgage?
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The borrower is required to repay both the original SAM loan amount and the borrower’s share of appreciation. Appreciation is calculated by subtracting the original purchase price from the market value at the time repayment is triggered, and the borrower repays the same percentage of that appreciation as the original SAM percentage (for example, 20% or 25%). The total repayment consists of: (1) the original SAM loan amount, plus (2) the borrower’s proportional share of appreciation.

Is the SAM forgiven over time, or is it fully repaid at payoff?
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The SAM is not subject to forgiveness. It must be repaid in full whenever any repayment trigger occurs, including: 


1. Sale of the property 
2. Payoff of the first mortgage loan 
3. Payoff of the subordinate loan principal balance 
4. Cashout refinance of the first mortgage 
5. Rate/term refinance that results in the transfer of servicing away from KHC 
6. Failure of the borrower to occupy the property as their primary residence 
7. Filing and recording a foreclosure complaint 

Is there any consideration or credit for improvements the borrower makes to the property during ownership?
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The shared appreciation amount is based on the difference between the original purchase price and the market value of the property at the time of repayment, regardless of any improvements made to the property after closing.

Program Limitations and Special Circumstances

Is there a veteran exemption available for SAM?
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We do not have a veteran exemption available.

Marketing and Communications

May lenders create their own marketing materials for the SAM program, and do those materials require KHC approval?
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Lenders may create their own marketing materials for the SAM program. KHC does not require formal approval of lender-created materials; however, we recommend submitting to us so that we can ensure accuracy and alignment with program guidelines. With SAM being such a new program, we strongly recommend approving your marketing materials in advance. Email them to housingpartners@kyhousing.org. We will provide feedback within 2 business days.